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1965 Supreme(Mad) 26

RAMAMURTI
Rajagopala Naidu – Appellant
Versus
Aiyyaswamy Chettiar – Respondent


Advocates:
S. Nainar Sundaram, T.R. Ramachandran and R. Sivapunyam, for Appellant; P.S. Balakrishna Iyer and P.S. Ramachandran, for Respondent.

Judgement

JUDGMENT :- The plaintiff who has failed in the courts below, on a question of limitation, is the appellant in this second appeal. The plaintiff had a subsisting lease with the second defendant over a premises in a busy locality in Rangai Gowder St. Coimbatore. During the currency of that lease, the second defendant granted a lease to the first defendant. The plaintiff agreed to surrender his right as lessee over the premises and in consideration thereof, an agreement A. 2 dated 29-12-1952 was entered into between the first and second defendants to the effect that for a period of 15 days, at the time of Deepavali' each year, the plaintiff would be permitted to occupy the downstairs portion in the premises to sell crackers. Even though this agreement purports to be one between the first and second defendants, the recitals of the agreement taken along with the fact that the plaintiff himself has signed this agreement, leave no room for doubt that the plaintiff also should be regarded as a party to the agreement.

2. On 17-10-1953, the plaintiff issued a notice to both the defendants asking for possession of the premises for a period of 15 days as specified in the agreement. Bu




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